Building Trades United Pension Trust Fund et al

Filing 9

ORDER signed by Judge J.P. Stadtmueller on 5/31/2017: ADOPTING 8 Plaintiffs' Notice of Voluntary Dismissal and DISMISSING action without prejudice, each party to bear its own costs. (cc: all counsel)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
BUILDING TRADES UNITED
PENSION TRUST FUND, SCOTT J.
REDMAN, WISCONSIN PIPE TRADES
HEALTH FUND, and KEVIN LAMERE,

Case No. 17-CV-385-JPS

Plaintiffs,
v.
UNI-PUMP INC.,

ORDER
Defendant.

On March 15, 2017, Plaintiffs filed this action arising under the
Employee Retirement Income Security Act. (Docket #1). Defendant was
served with process on April 6, 2017, but has not yet responded to the
complaint. See (Docket #6). On May 31, 2017, Plaintiffs filed a notice of
voluntary dismissal of this action without prejudice. (Docket #8). Because
Defendant has not yet appeared in this action or responded to the
complaint, the Court will adopt Plaintiffs’ notice. See Fed. R. Civ. P.
41(a)(1)(A)(i).
Accordingly,
IT IS ORDERED that Plaintiffs’ notice of voluntary dismissal
(Docket #8) be and the same is hereby ADOPTED; this action be and the
same is hereby DISMISSED without prejudice, each party to bear its own
costs.

Dated at Milwaukee, Wisconsin, this 31st day of May, 2017.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge

Page 2 of 2